How to get a trademark registration in India?
What is Trademark Registration in India?
Trademark registration in India is intellectual property protection over a name, symbol, figure, letter, word, logo, number, phrase, picture, packaging, slogan, devices, shape, configurations, patterns, ornamentation, color combinations, containers for goods, or any combination of these.
Trademark registration in India is mostly on a first come-first-serve basis. Hence, registering your trademark at the earliest is always considered prudent so that no one can register your trademark and claim its use besides you.
Trademark in India
A Trademark in India is a distinctive sign capable of distinguishing the goods and services of one business from that of another.
A trademark/logo is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or an enterprise. The function of a trade mark is to distinguish the goods and/or services of one source from the goods and/or services of another source in the same sector.
A business adopts trademarks not only to identify and distinguish their goods and services from others but also to imply their source of origin as being from that business.
Requirements for filing an application for Trademark Registration in India:
- Name, address, and nationality as well as the type of applicant. Different fee applies if the applicant is an individual, group of individuals, a partnership firm or a company.
- A list of goods and/or services for which the mark is to be used.
- The image of the mark in PDF/JPG format.
- If the mark contains or consists of non-English words, a translation of those words into English is required.
- Details of an earlier filed application in foreign country if priority is to be claimed.
- Affidavit mentioning the date of first use of the trademark in India, if an earlier usage is claimed.
- Power of attorney form signed by the applicant.
Do note that:
A claim of earlier usage must be filed along with the application, failure to do so would result in the claim deemed to be fresh.
Attorney fee for handling a Trademark Registration in India
Action based fee
- Attorney fee for preparing and filing a Trademark application in India
- Additional fee for responding to office actions
- Additional fee for preparing evidences and arguments
- Additional fee for attending hearings with the examiner
Capped Flat fee
- Attorney fee for preparing and filing a Trademark application in India
- No further fee for responding to office actions
- No further fee for preparing evidences and arguments
- No further fee for attending hearings with the examiner
|Click here: Fee for INDIAN applicants in Rupees.|
Official fee for Trademark Registration in India
The official filing fee for ONE mark in ONE class is:
|Applicant Type||Indian Rupees||US Dollars|
|Large Firm/Foreign Firm||9000||150|
Advantages of obtaining trademark registration in India
Trademark Registration in India provides:
- Prima-facie evidence of ownership of the trademark.
- An important asset for your business or company and contributes to the goodwill generated.
- Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
- Trademarks can be sold, licensed, or assigned.
- Registration usually covers the whole of India.
Trademark rights may be acquired for both registered and unregistered trademarks. A trademark does not need to be registered to benefit from the protection and rights afforded under the Act and the common law.
And more benefits of registration are
Notwithstanding the foregoing, trademark registration provides several additional benefits over and above those attached to unregistered trademarks, including providing:
- Exclusivity to the trademark across all of India rather than to the geographical scope of a trademark’s reputation.
- The basis for filing a trademark in another Convention country.
- The basis for the ground of opposition against a third party in opposition proceedings to prevent a third-party trade-mark application from proceeding to registration.
- The basis for a trade-mark infringement action in India.
- The basis for alerting others of your rights in the context of trademark availability searches, as all trade-mark applications and registrations are entered on the Trademark Registry.
- The basis for determining rights in a licensing regime; and
- The basis for the valuation of trademarks.
Registering a trademark has its own advantages of gaining exclusive legal rights on your trademark and accords better protection of your mark. It is the first step in establishing your own brand.
Absolute and relative grounds for refusal of a Trademark registration in India
- The refusal is often under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is descriptive or non-distinctive as such that it is not capable of distinguishing the goods and services of one business from others, or is something that indicates kind, quality, quantity, intended purpose, values, geographical origin of the product.
- The refusal is also often under Section 11 (1) of the Trade Marks Act, 1999, if the mark is identical with or similar to earlier marks in respect of identical or similar goods and services, and due to this there exists a likelihood of confusion on the part of the public.
FAQs about Trademark Registration in India
- What is Trademark Registration in India?
- How much does it cost to get a Trademark Registration in India?
- What are the requirements for filing an application for trademark registration in India?
- What are the advantages of obtaining trademark registration in India?
- What are the grounds of refusal of trademark registration in India?
- What kinds of trademarks can be registered in India?
- Can you get an International Trademark Registration?
- What is an International Application under Madrid Protocol?
- What kind of protection does a Trademark Registration in India offer?
- Why should I go for trademark registration of my company name?
- What is ‘Formalities Chk Fail’?
- What is ‘Formalities Chk Pass’?
- What is ‘Marked for Exam’?
- What is ‘Exam Report Issued’ or ‘Accepted’?
- What is ‘Objected’?
- What is ‘Advertised’ or ‘Accepted’?
- What is ‘Opposed’?
- What is ‘Send Back to EDP’?
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This article has been written by
Trademark attorney in India
I, Mahesh Bhagnari, am the Managing Principal of the firm:
- I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
- I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
- I am licensed to practice as a Trademark attorney in India with Registration № 10742.
- I have more than eighteen years of professional experience working in the field of Intellectual property.
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